U.S. v. MARCELLO

Nos. 88-3138, 88-3177.

876 F.2d 1147 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos MARCELLO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles E. ROEMER, II, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 1989.


Attorney(s) appearing for the Case

Arthur A. Lemann, III, Lemann, O'Hara & Miles, New Orleans, La., for Carlos Marcello.

Robert J. Boitmann, Albert J. Winters, Jr., Asst. U.S. Attys., New Orleans, La., for U.S. in No. 88-3138.

John R. Martzell, New Orleans, La., for Charles E. Roemer, II.

Robert J. Boitmann, Albert J. Winters, Jr., Asst. U.S. Attys., John Volz, U.S. Atty., New Orleans, La., for U.S. in No. 88-3177.

Before POLITZ, GARWOOD and SMITH, Circuit Judges.


POLITZ, Circuit Judge:

Convicted of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d) (1976), Carlos Marcello and Charles E. Roemer, II petition for relief under 28 U.S.C. § 2255 and by writ of error coram nobis,1 respectively, contending that their convictions should be vacated in light of the Supreme Court's decision in...

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